Chapter 9.55
UNAUTHORIZED FOREST PRODUCT REMOVAL
Sections:
9.55.020 Unlawful to remove without consent of owner.
9.55.030 Unlawful to transport illegally removed trees or products.
9.55.050 Investigation by police.
9.55.060 Bona fide logging operations excepted.
9.55.070 Search without warrant.
9.55.080 Arrest and prosecution.
9.55.090 Notification and rights of owner.
9.55.100 Punishable as a misdemeanor.
9.55.010 Definitions.
For the purposes of this chapter, the following definitions shall apply:
“Christmas trees” means any evergreen trees commonly known as Christmas trees, including fir, hemlock, spruce, pine, and cedar trees.
“Cutter” or “picker” means any person, firm, corporation, agency, or organization or agent thereof who cuts, digs, breaks, picks, or removes Christmas trees or forest products as described herein from private lands.
“Forest products” means firewood, logs, poles, piling, or other forest products from which substantially all the limbs and branches have been removed, whether they be long or short and/or split. [Ord. 91.8 § 1, 1991].
9.55.020 Unlawful to remove without consent of owner.
It is unlawful for any cutter or picker to cut, dig, break, pick or remove from any private lands any Christmas trees or forest products without the consent, express or implied, of the owner or lessee thereof. [Ord. 91.8 § 2, 1991].
9.55.030 Unlawful to transport illegally removed trees or products.
It is unlawful for any person, firm or corporation, or the agent thereof, to transport over the highways of the Town of Wilkeson any Christmas trees or forest products which he or his agent or principal has taken from private lands without the consent, express or implied, of the landowner or his authorized lessee or agent. [Ord. 91.8 § 3, 1991].
9.55.040 Permit.
It is unlawful for any person, firm, corporation, or organization or any agent or employee thereof to transport forest products over the highways of the Town of Wilkeson without having in his or their possession a permit signed by the owner or the owner’s authorized agent or lessee of the land from which the product has been harvested or removed. Such permits shall include, but not necessarily be limited to, the following information:
A. The name and address of the owner or lessee of the lands where the forest products or trees were cut, picked, dug, or otherwise removed, or in the alternative, the legal description of the lands from where the forest products or trees were taken and removed, or in the further alternative, the name and address of the person, firm, corporation, or organization from whom the forest products were received;
B. The date the forest products or trees were taken and removed from the land or delivered to the person transporting the forest products or trees; provided further, that in the event the person transporting the forest products or trees furnishes the information set forth in this section to any peace officer stopping him or them for the purpose of ascertaining whether or not the forest products or trees are being transported in violation of this chapter and, if requested, signs his name to a written statement prepared by such peace officer, incorporating the information. The signing of the such written statement by the transporter shall be conclusively deemed the same as possessing a permit for the purpose of this section;
C. The signature and clear identification of the person(s) or organization authorizing the removal or transporting of such forest products or trees, such identification clearly establishing the authorizing person(s) or organization’s affiliation with and/or designated authority for the owner or lessee of the property from which the forest products or trees have been removed or are being transported. [Ord. 91.8 § 4, 1991].
9.55.050 Investigation by police.
All peace officers shall note and investigate the transportation of Christmas trees and/or forest products for the purpose of preventing violations of the provisions of this chapter. [Ord. 91.8 § 5, 1991].
9.55.060 Bona fide logging operations excepted.
WMC 9.55.010 through 9.55.050 shall not apply to persons or firms engaged in the bona fide and verifiable business of legally removing timber products from such lands under an existing contract unless or except there is reason to believe that such persons or firms are removing other than contractual timber products or is operating or removing timber products illegally or without owner consent and/or contract, in which case all appropriate sections of this chapter shall apply, including but not necessarily limited to this section through WMC 9.55.100. [Ord. 91.8 § 6, 1991].
9.55.070 Search without warrant.
Any peace officer shall have the power to stop, inspect, and search without warrant any person or vehicle observed transporting Christmas trees or forest products for the purpose of ascertaining whether or not the same are being transported in violation of the provisions of this chapter. Any hindrance or interference with any such officer so engaged shall be prima facie evidence that the person interfering with or hindering such officer is guilty of a violation of this chapter. [Ord. 91.8 § 7, 1991].
9.55.080 Arrest and prosecution.
Whenever any person, firm, or corporation, or agent thereof violates the provisions of this chapter, a peace officer may either arrest the person without a warrant and take him before any court having jurisdiction of the offense, or he may issue a summons or citation for the accused person to appear at court named and answer a complaint to be filed therewith; provided, that at the time of making the arrest, the peace officer shall seize the trees or forest products and may also seize the vehicle used in transporting same. [Ord. 91.8 § 8, 1991].
9.55.090 Notification and rights of owner.
Within five (5) days of seizure of the trees or forest products, the officer or the officer’s agent shall notify the owner of the seizure of said trees or forest products, if known, and shall provide said owner opportunity to appear in court on the same date as the person accused in WMC 9.55.080 and make valid claim, including satisfactory evidence of ownership, to said seized trees or forest products; whereupon the court may order the officer to release said trees or forest products to said owner. If owner fails to appear and make such valid claim, the court shall direct the officer to sell the trees or forest products and pay the proceeds thereof to the Clerk/Treasurer of the Town for deposit in the general fund. [Amended during 2014 codification; Ord. 91.8 § 9, 1991].
9.55.100 Punishable as a misdemeanor.
Violations of this chapter shall be punishable as a misdemeanor as defined by law. [Ord. 91.8 § 10, 1991].